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Agenda 04/28/2009 Item #16E 5 ~tem ND. ~16E5 ~\pril 28. 2009 Page 1 of 6 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approves an Agreement to provide an expenditure not to exceed Fifty-Four Thousand and no/100 dollars ($54,000.00) from the GAC land Trust Fund to the Golden Gate Fire Control and Rescue District for the purchase of sixteen Mobile Data Terminals. OBJECTIVE: To approve and execute an Agreement between Collier County, a political subdivision of the State of Florida, by its Board of County Commissioners, acting in their capacity as Trustee of the GAC land Trust (hereinafter referred to as "Board"), and the Golden Gate Fire Control and Rescue District, an Independent District created by Special Act of the legislature (hereinafter referred to as "District") which allows for GAC land Trust funds in an amount not to exceed $54,000 to be used for the purchase of sixteen Mobile Data Terminals (hereinafter referred to as "Equipment") to be used by the firefighters of the District in their service to the residents of Golden Gate Estates. CONSIDERATIONS: On November 15, 1983, Avatar Properties, Inc" and Collier County entered into an Agreement (1983 Agreement) that dedicated 1,061,5 acres of property in Golden Gate Estates to the County. The dedication came with the stipulation that the land itself or money derived from the sale of the land would be used by the Board for purposes directly beneficial to the residences of Golden Gate Estates, i.e., fire and police protection facilities and services, public schools, libraries, and recreational facilities, The 1983 Agreement also provided that all capital improvements must be physically located within the geographical boundaries of Golden Gate Estates. At the January 26, 2009 Golden Gate Estates Land Trust Committee meeting, the District requested funds in an amount not to exceed $54,000 to purchase the Equipment. The Equipment will improve firefighter safety as well as improve the District's response time to emergency situations. The software used by the Equipment is the same software used by Collier County dispatchers, which will provide interoperable communications with dispatchers during an emergency situation. This communication will assist the District in getting to an emergency situation more quickly and safely, The Equipment will also provide the District with an online database which is useful at hazardous materials incidents by allowing the District to more quickly determine the composition of material that may be potentially harmful. The funds being requested by the District were contingent upon the District ;eceiving a grant from FEMA in the amount of $83,520. This grant was secured by the District. The Golden Gate Estates Land Trust Committee recommended by a vote of 3-0 (two members were absent) that the Board approve the District's request for funding in an amount not to exceed $54,000 for the purchase of the Equipment. The District will have twelve months from the execution of the Agreement to expend the funds. As required in the 1983 Agreement, a "Letter of No Objection" (copy attached), has been secured from Avatar Properties, Inc. lEGAL CONSIDERATIONS: The attached Agreement has been reviewed and approved by the County Attorney's Office. This item is not quasi-judicial and as such, ex parte disclosure is not required. This item requires a majority vote only. HFAC FISCAL IMPACT: A total allocation of $54,000 shall be withdrawn from Fund 605 Reserves and deposited into the appropriate Fund 605 operating account. GROWTH MANAGEMENT IMPACT: There is no impact to the Collier County Growth Management Plan, RECOMMENDATION: That the Board of County Commissioners, Acting as Trustee, approves the aUached Agreement providing for a maximum expenditure of $54,000 for the purchase of Equipment; authorizes the Chairman to execute the attached Agreement; and approves the attached Budget Amendment. PREPARED BY: Jason Bires, Property Acquisition Specialist, Real Property Management. Facilities Management ---- Department. r d::;C I Ul 1 \'.;;n, ~O t)~:) 'C -",. ,-_'. L:_' ~ ',.I' COLLIER COUNTY 80ARJ OF :;:<JNTY C:)MM[SSfON:::RS Item Number: 1C.c5 Item Summary: Recommendation tr,at tile Board of County Commisf.lcr8rs ,1~jDrOVeS an p.,greement to provide an expendltwe n~,t to exceed Flfty-FowTflrJUsand and nol100 dollars ($54.000001 from the GAC Land Trus: Fund to t,e Goiden Gate Fire Cemtro: and Rescue District for the purchase of sixteen h.1oblle Data Terminals Meeting Date: 4/28/2)099 OQOO ..w.lv1 Prcpared By Jason 3ir05 Property Acquisition Sp0c:alist Date Administrative Services Facilities Management 4/~4!20(l8 8:26:'\0 .lHJ! Approved B)' Skip Camp, C.F.M. Facilities Management Direct~r Date Administrative Services Facilities. Management 4/14:'2009 8:4i AM Appro\'cd By Toni A. Mott Real Property Supervisor Date Administrative Services Facilities Management 4115/2009 i;30 AM i\ppro\'ed By Heidi F. ,b,shton Assistant County Attorney Date County Attorney Couniy Attorney Office 411512:0083:19 PM Approved By Jeff V,!atzkow County:..ttOrtl0Y Date County Attorney County Attome-y Office 4/'\6/20094:2-2 PM .\pprowd By Lpn Gorden Pr!C0 Admin:ist:"3.t!ve S0rvi::~s ,t.c!mjr;t~t~~tnr !>:o!+" Administrati\'c S;:,rviccs Admin~st,~tivo Services Admln. 4./1€f20D9 5:10 pro.' Appnl"cd By OMS Coordinator OMS Coordinator Dat,:; County Manager's Office OffiC0 of M';irL3gernent & 8udg2t 4.'17/20098:20 AM ApproV{'d By Laur:; D:::v!sson r.ri2nagement & Bl'dge-t A~lalyst D2te COlln~ Man?ger"s Offjce G~Hc& of r\iianag'Jrn~nt ~l Budget ':"1Ti2C'<1-'?,: 12:17 FM Approvl'd B} LeG E":;~!(3. Jr. Dsp::ty CC~lnty \';;:n:c'2,:r ,,-*." ..,<;},,,, 30ard of (;0Llflty Com;nl~:sio:1ers County k~:::r.;"';Jer's Offic.e L;:,'18i2Ci09 .[1:44 t;.f:!1 ~ ','";r: :) .<; ,- ~~ '9 AGREEMENT THIS AGREEMENT made this _day of , 2009 between COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA. BY ITS BOARD OF COUNTY COMMISSIONERS, ACTING IN THEIR CAPACITY AS TRUSTEE OF THE GAC LAND TRUST, (~ereinafter referred to as "Trustee"), whose mailing address is 3301 Tamiami Trail East Naples, Florida 34112, and the GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT, an Independent District created by Special Act of the Legislature, whose mailing address is 14575 Collier Boulevard, Naples, Florida 34119, (hereinafter referred to as "District"). WHEREAS, Trustee has acquired ',061.5 acres located in Collier County, Florida (hereinafter referred to as "Property"), from Avatar Properties Inc. flk/a GAC Properties Inc. in accordance with the November 15, 1983 Agreement between Avatar Properties Inc. and Collier County, (hereinafter referred to as the" 1983 Agreement"); and WHEREAS, pursuant to the 1983 Agreement, the Property deeded to Trustee and/or the monetary proceeds acquired trom the subsequent sale of said Property are to be used to provide governmental facilities within and for the geographical area known as "Golden Gate Estates"; and WHEREAS, Trustee currently has funds deriveD from the use and/or sale of a portion of the abovewdescribed Prooerty; and WHEREAS, the District is requesting funds from the GAC Land Trust to purchase 16 Mobile Data Terminals (hereinafter referred to as "Equipmenl~) to be used by the firefjghters in the Golden Gate Fire Control and Rescue Distnct; and WHEREAS, Trustee has determined that the District's request IS in accordance with the intent of the provisions of the 1983 Agreement and accomplishes the purposes of said 1983 Agreement by providing funds for the Equipment to assist the District in their service to the residents of Golden Gate Estates, The Equipment will improve firefighter safety as well as improve the District's response time to emergency situations. The software used by the EqUipment is the same software used by Collier County dispatchers. which will provide interoperable communications with dispatchers during an emergency situation. This communication will assist the District in getting to an emergency situation more qUickly and safely. The EqUipment will also provide the District with an online database which is useful at hazardous malenals incidents by allowing the District to more quickly determine the composition of material that may be potentially harmful: and WH"REAS Avat"' p'^pcrt.,^S I"" 'n-H' rwo";dr,rt .., 'I ",Hr,. "I No Ob'e^"lo...." .ja'ed ")3109 .... .' ,.. ''-', ''"' "'''''''''-'t-'' VI ,",u<,< L<:'"",V I J '_L ",'-' l ~ .!~_, approving the use of Land TrJst Funds for the purchase of the Equipment for use by the District; and WHEREAS, the District intencs to utilize the Equipment during the current and subsequent fire seasons. NOW THEREFORE, in consideration of the above prelT'tses which are incorporated within and made part of this Agreement, and in further consideration of the mutual covenants set forth below, and other good and valuable conSideration, acknowledged by the parties to be sufficient. just and adequate, the parties hel'eto do agree as follows' 1. The Trustee agreGs 10 contribute an amount not 10 exceed fifty-four thousand and no/100 dollars ($54.000) to be expended by the District for the purpose 01 purchasing the Equipment. Said funding is conlinger;t upon the District receiving a FEMA match in the amount of eighly.three thousand live hundred twenty and nol100 dollars ($83.520), 2_ The District agrees and warrants that the Funds wdl be used solely for the purchase of said Equipment. Said Equipment is to Include: 12 Panasonic fuily-rugged notebook computers for use on Dlshct apparatus. 4 Motorola ru~ged laptop computers for use in command staff vehicles 16 laptop rnolnting platform.s for the requested 16 computers. . 16 Primrak computer aided dispatCh software suites for each computer 3. The District hereby agrees that the purchase of the Equipment shall be conducted in a manner consistent with the Board of County Commissioner's purchasing poii-:y and In proper coordlnalion with the County's Purchasi.1g Department ,~:>rior to the ordering or receiVing af any goods or selvices purchased under th's Agreement. !f'::rn [\1 e). '1 ~~~5 2J09 ~ c.., .~ "' ,.J: U 4. Payment 01 the Funds to the District tor purchase of the Equipment shall be in accordance with the following: A. The Trustee shall make available funds in an amount not to exceed fitty-four thousand dollars and noJ1 00 ($54,000.00) to reimburse the District for the purchase of Equipment. Said reimbursement payment shall be made wit'nin Ihlrty (30) days of receipt of appropriate verification as stated below by the Trustee, with copy to the Real Prooerty Management Manager, of said verification. B. The District or its designee, shall: (a) provide Real Property Management Manager, copies of all invoices, purchase orders or other documentation whkh shall clearly state the purposes of said expenditure. Only those invoices which clearly state expenditures associated With the purchase of the Equipment shall be approved. Payment(s) shall be approved upon satistac:tory review by the Real Property Management Manager and shall be reimbursed to the District. (b) A letter from the District signed by the Chairperson, stating that Ihe purchase has been received and accepted in good order and directing the County to reimburse the District. In no way shall the amount to be reimbursed exceed $54,000. c. Within thirty (30) days after receipt and approval of the above described documentation, a County warrant for payment shall be prepared and made payable to the District by the County. o. Upon completion of the purchase of the Equipment, the District or its designee shall: (1) Promptly lorward a letter to the Trustee staling that the money from the GAC Land Trust has been used for the purpose of purchasing the Equipment and that all payments have been disbursed in accordance with the Agreement; and (2) Refund to Trustee any and all Funds, or any portion thereof, not utilized for said purchase shall be deposited directly into the GAG Land Trust Fund 605. E. The District covenants and agrees that upon the payment of all or any portion from the funds in accordance with the obligation contained in this Agreement, it shall be the further obligation at the District to pay any remaining balance required for the purchase of the Equipment. F. All funds requested, in accordance with this paragraph shall be disbursed within twelve (12) Illonths of the execution of this Agreement by both parties. In the event that the Equipment .IS not purChased and installed by the District within twelve (12) months from the execution of this Agreement, it is understood and agreed upon by the parties that the District shall refund or repay to Trustee. within thirty (30) days. any and all funds which have been provided to Ihe DIstrict pursuant to the provisions of the 1983 Agreement. 5. The District agrees to protect, defend. indemnify and hold the Trustee harmless from any and all claims, actions, causes of action or 1iabi~ities including attorney's fees and costs arising from or in any way connected with t11e use of the funds or the selection, purchase, delivery or installation or use of the Equipmenf by the District, its agents, employees, or in any way related to the Equipment by the District, its agents, employees or any third party. 6. The District understands and agrees that the funds to be provided to Collier County in accordance with the terms of this Agreement have been derived from and are being provided solely for the sale and/or use of a portion of the Property conveyed to Collier County pursuant to the 1983 Agreement administered and managed by 1he County lor the GAG Land Trust and that such funds are currently In Fund 605-122390 (The GAC Land Trusl Sales Fund), 7., The District agrees that the following purchase of Equipment shall be used primarily for servIcing the geographical area commonly known as "Golden Gate Estates". 8. of Florida. This Agreement is governed and construed in accordance with the laws of the State g, Any notice required by this Agreement shall be addressed to the parties at the address set forth below: IF TO THE GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT: Golden Gate Fire Control and Rescue District 14575 Collier Boulevard Naples, FL 3411 9 IF TO THE TRUSTEE: Collier County c/o Real Property Management Administration Building 3301 Tamiami Trail East ,(I 'C:: 28. 'J9 Naples, FL 34112 10. In the event that the Equipme:"1t ceases to be utilized by the District as described i~ Paragraph 2. the Distnct agrees that the District shall pay to the County, within thirty (30) days, an amount equal to the fair market value of the Equipment as of the date the Equipment ceases to be used by the District as described in Paragraph 2. The fair market value shall be determined by a third party, sele8ted by the County, who is determined to be qualified to establish the valuation of said Equipment or upon mutual agreement of County and the District. 11. ThiS Agrecr:1cnt represents the entire Agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment 01 this Agreement shall be 01 any force or effect unless made in writing and executed and dated by both parties. IN WITNESS WHEREOF, District and Trustee have caused this Agreement to be duly executed on the day and year first above written. AS TO TRUSTEE: DATED _..~ ATTEST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Donna Fiala. Chairman AS TO GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT DATED: ATTEST: .- CPtVlk~ CHUCK MCMAHON. Secretary GOLDEN GATE FIRE CONTROL AND RES~ By: ROB RT ST~N URNER, c~~"man Approved as to form and legal sufficiency: _~L~dLj_JjQ Heidi F. Ashton-Cicko ASSistant Cour:ty Attorney ........ n-:'l''',l'' l~'''l.t.: 'lQ;;' 404- '~ .L..'/.h.Tl'.R :-!Q~D:>:GS . ."'.t'.,."y ,,~ y.~" y - -. AVATAR PROPERTIES INC. <2 ratti~i(t K. r!~l;:hcr 'rl'Drid,,19R3 Di1et:l Dial: (3QS) 44:;. 7000 ~:2t 9 Fac~i\TIil'C: (30S) 441~i876 E-Mu.it: pk _ ~C(Cber@3"~:nmCllding5.com Apri13, 2009 VIA EMAIL AND VIA FACSIMILE (239) 252.8876 Mr. .111500 Bires Property Acqui~ition Specialist Collier County Govemrneo! Real Estate Services 3301 E, Ti\1I1jami Trail Naples, FL 34112 Re: 1983 Agreement betWeen Avatar Properties Inc. and Collic:.r County Proposed E.xpenditure for the Purchase of Equipment for the Golden Gate Fire Control & Rescuc District Dear Mr. Bires: On behalf of Avatar Properties lnc.. I would hereby acknowledge receipt of your letter doted April 3, 2009 which references the above captioned matter. I have reviewed your letter and hcreby advise you that Avatar Pmpertie> Inc. has no objectio.o to the contemplated transaction setforth therein, While the equipment may not be located within Golden Gare Estates. we understand that the community will benefit from the equipment to be purchosed for the Golden Gate Fire Control & Rescue District. Accordiug.ly, we waive the requirement in the 1983 Agreement that the facilities be physically located in Golden Gate Eswtes. Specifically, the expenditure of not more than $54,000 from the GAC Land Trust under the 1983 Agreement for the purchase of the equipment is approved. If I can be of further assistance, please feel free to contact me at your convenience. Very Truly Yours, A VAT AR PROPERTIES INC. ~~ L~-ftJu. Patricia Kimball Fletcher EKecutive VlCe President General Counsel PKF!nes cc~ ~,fr. Mkhacl Levy Mr. Randy Kotler Mr. Michael Rama 201 AII,ambra Cirde, 12tiJ Floor, Coral GtJ.hles. FL 33134 . .3054427000 G:V\w,ta~ Ptl1gerti~l< j~.:\co~;Iooccnc::'LC';tcr~\SC>l'Il\~;~~. Clo!~~ GMC Fire Cootl"Ol Di!tl"'t14.~.O'i.~